Gallaher v. Trustees of the Cherry Hill Methodist Episcopal Church of Cherry Hill, Inc.

Because the trustees of a church cemetery inadvertently assigned the same burial plot to two different families, this appeal is before us. At issue is whether the chancellor correctly held that the widow of the second purchaser was required to disinter her husband’s remains. 1 We are unable to conclude that there was error.

I

In the distant past, The Cherry Hill Methodist Episcopal Church of Cherry Hill, Elkton, Maryland, devoted a portion of its property to cemetery use. About seventy years ago, Lot 4, Row H, containing four spaces, was acquired by Mrs. Koelig, the mother of one of the…